After six months of deliberation, the board of adjustments approved an application to convert the abandoned Spring Air mattress factory on Schuyler Avenue into a self-storage facility.
As a condition for approval, the board required the developers, Self Storage Specialists, LLC, to take on the responsibility of complying with Council on Affordable Housing (COAH) regulations. COAH’s regulations remain in flux. The state agency proposed a new set of rules since the courts rejected certain aspects of past rules.
Previously, towns were obligated to provide an affordable housing unit for every eight market rate homes and one affordable housing unit for every 25 new jobs created. The proposed rules would require towns to create a unit for affordable housing for every five market rate housing units and 16 jobs.
The Spring Air site would only create three permanent jobs, requiring the town to provide a fraction of a unit of affordable housing under the former or proposed regulations. Still, COAH’s handbook for municipalities, based on the old rules, would also require towns to provide an affordable housing unit for certain designated amounts of non-residential space, depending on the use.
Storage uses, defined by COAH as "warehouses, parking garages, lumberyards and aircraft hangers," require one affordable housing unit for every 125,000 square feet of space. The self-storage facility would have 125,532 square feet of space, just enough to require the construction of an affordable housing unit.
Attorneys representing the storage facility raised an objection to the condition, but accepted the approval nonetheless. By raising an objection, it adds protection for the storage facility business. This way, if COAH imposes an unrealistic monetary contribution on the business to create affordable housing, the self-storage business could take the matter to court. "Most likely, the court would entertain their legal argument," said Zoning Board attorney Charles Sarlo.
While the developers tentatively agreed to the COAH condition, they raised the objection on the record to protect themselves, said Armen McOmber, an attorney representing Self-Storage Specialists. "I can’t ever recommend to a client that we agree blindly to a condition when the consequences could be anything," he said. "There could be a severe penalty, not just to us, but to anyone building in the state of New Jersey."
The developers also agreed to a host of conditions by the board. Notably, they agreed to close the facility early on Sundays and close the main desk all day on Sunday. This had been a major sticking point during hearings and the developers were hesitant to give up any time on Sundays because it would put them at a competitive disadvantage.
Neighbors from the surrounding properties rallied in support of the project, many displeased with the unkempt appearance of the current building. Residential developers had approached the board several times in the past with plans for high-density housing and issues of impact on local services were discussed.
McOmber was pleased with the support from the neighborhood, which erupted into applause after the application passed. Zoning Board President Nick Antonicello said the long wait for approval was not intended to delay the application, but rather to ensure all the testimony was on the table. "We’ve never had an application in North Arlington for self-storage. We want to do the right thing for North Arlington," he said.
Antonicello also criticized the unknown individuals who placed ads in local media promoting the project and encouraging readers to voice their support by calling zoning board members at home. "I don’t think that was the proper way of promoting an application," he said.